Lyon v. Valero Refining Company - California et al

Filing 13

STIPULATION AND ORDER, Set/Reset Deadlines as to 10 MOTION to Stay Action and Compel Individual Arbitration of Plaintiff's Claims. Responses due by 1/8/2013. Replies due by 1/15/2013.. Signed by Judge ARMSTRONG on 12/6/12. (lrc, COURT STAFF) (Filed on 12/7/2012)

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QUALLS & WORKMAN, L.L.P.
Daniel H. Qualls (Bar #109036)
[e-mail]
Robin G. Workman (Bar #145810)
[e-mail]
Aviva N. Roller (Bar #245415)
[e-mail]
177 Post Street, Suite 900
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Gerald Lyon,
on behalf of himself and all others similarly situated

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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GERALD LYON, on behalf of himself and all others
similarly situated,

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[Alameda County Superior Court Case
No. RG12645202]

Plaintiff,

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No. 4:12-cv-05745 SBA

vs.
VALERO REFINING COMPANY - CALIFORNIA,
A DELAWARE CORPORATION, VALERO
SERVICES, INC., A DELAWARE
CORPORATION, and Does 1 through 50, inclusive,

JOINT STIPULATION AND ORDER
RE: BRIEFING DATES FOR
DEFENDANT’S MOTION TO
COMPEL ARBITRATION AND
PLAINTIFF’S MOTION TO REMAND

Defendants.

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Plaintiff Gerald Lyon (“Plaintiff”) and Defendants Valero Refining Company – California

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and Valero Services, Inc. (“Defendants”) (collectively referred to herein as “the Parties), by and

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through their counsel of record, hereby stipulate as follows:

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WHEREAS, Defendants removed this action to this Court on November 8, 2012;

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WHEREAS, Defendants filed a Motion To Stay Action To Compel Individual Arbitration

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Of Plaintiff’s Claims on November 19, 2012;
WHEREAS, Defendants’ motion is noticed for hearing before this Court on January 29,

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2013;
STIP AND [PROPOSED] ORDER

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3198\MOTIONS\STIPREBRIEFDATES.DOC

WHEREAS, Northern District Local Rule 7-3 sets the due dates for Plaintiff’s opposition

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to Defendants’ motion as December 3, 2012, and for Defendants’ reply as December 10, 2012;

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WHEREAS, Plaintiff intends to file a motion to remand this action to Alameda County

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Superior Court on December 10, 2012, the statutory deadline to do so, and to notice the motion for

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hearing on January 29, 2013, the same date as Defendants’ motion;

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WHEREAS, Northern District Local Rule 7-3 sets the due dates for Defendants’

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opposition to Plaintiff’s motion as December 24, 2012, and for Plaintiff’s reply as December 31,

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2012;

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WHEREAS, due to Plaintiff’s counsel’s calendar congestion and previously scheduled

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vacations surrounding the upcoming holidays, the Parties have agreed to new briefing deadlines

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for their respective motions based on the prior local rule for such deadlines, i.e., 21 days prior to

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the noticed hearing date for oppositions, and 14 days prior to the hearing date for replies;

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THEREFORE, IT IS HEREBY STIPULATED BY THE PARTIES, THROUGH THEIR

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RESPECTIVE COUNSEL, that the deadlines for their respective opposition briefs shall be

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continued to January 8, 2013, and that the deadlines for their respective reply briefs shall be

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continued to January 15, 2013.

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IT IS SO STIPULATED.
Date: December 7, 2012

QUALLS & WORKMAN, L.L.P.

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By:

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/s/ Robin G. Workman
ROBIN G. WORKMAN
Attorneys for Plaintiff Gerald Lyon,
on behalf of himself and all others similarly
situated

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Date: December 7, 2012

SHEPPARD MULLIN RICHTER & HAMPTON,
LLP

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By:

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/s/ Thomas R. Kaufman
THOMAS R. KAUFMAN
Attorneys for Defendants

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STIP AND [PROPOSED] ORDER

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3198\MOTIONS\STIPREBRIEFDATES.DOC

ORDER

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Pursuant to the stipulation between the parties, the Court hereby ORDERS as follows:

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1.

The briefing deadlines for Defendants’ Motion To Stay and Compel Individual

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Arbitration are continued to January 8, 2013, for Plaintiff’s opposition, and to January 15, 2013,

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for Defendants’ reply.

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2.

The briefing deadlines for Plaintiff’s forthcoming Motion to Remand are set for

January 8, 2013, for Defendants’ opposition, and for January 15, 2013, for Plaintiff’s reply.
3.

Plaintiff’s Motion to Remand shall be set for hearing on January 29, 2013, at 1:00

p.m., the same date as Defendants’ motion.

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SO ORDERED.

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Dated: 12/6/12

______________________________
Hon. Saundra Brown Armstrong
United States District Court Judge

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STIP AND [PROPOSED] ORDER

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3198\MOTIONS\STIPREBRIEFDATES.DOC